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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of John Nisbet of Northfield v Cairns. [1771] 5 Brn 386 (00 January 1771)
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Cite as: [1771] 5 Brn 386
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[1771] 5 Brn 386
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk of Session, One of The Reporters For The Faculty.
Subject_2 BANKRUPT.
Creditors of John Nisbet of Northfield
v.
Cairns
1771 .Click here to view a pdf copy of this documet : PDF Copy
The same was found in the competition among the Creditors of John Nisbet of Northfield, determined anno 1771. In this case, Cairns having agreed to lend the money to Nisbet at the Martinmas, on heritable security, committed the execution of it to Hart, and gave him the money. Hart advanced the money piece-meal to Nisbet, on interim receipts; at last, 19th January, he took an heritable bond for the whole to Cairns, who was infeft 20th February. On the 21st February, Nisbet retired to the Sanctuary; and soon thereafter was rendered a notour bankrupt. The creditors having brought a reduction on the Act 1696, the Lords repelled the reasons, and assoilyied. It is observable, that, in this case, Cairns had no interim security. It was not therefore so strong a case as Houston's.
The electronic version of the text was provided by the Scottish Council of Law Reporting